Associate | Legal
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Whilst there is currently a Commercial Planning and Strategic Infrastructure Development ("SID") List within the High Court, only certain cases are eligible for admission. Accordingly, ordinary planning and/or environmental cases are generally dealt with in the regular judicial review or plenary lists, which typically face significant delays. If of sufficient commercial value (€1m+) a plenary matter can be admitted to the Commercial List of the High Court but this may result in significant additional cost, including €5,000 stamp duty payable on the application for admission.
This new list will hopefully alleviate delays and will enable more efficient management by the Courts of the broad range of planning and environmental cases, which is likely to have a direct impact on the delivery of housing and infrastructure, and the management of environmental matters/challenges in Ireland.
To implement the introduction of the list, Practice Directions HC107 and HC114 are to be revoked and replaced by Practice Direction HC119 with effect from Monday 17 April, 2023.
Pursuant to the new court procedures, it will now be possible to have certain cases administratively entered into the new list without the need to issue a separate motion seeking admission.
Cases which can now be administratively entered in the List without the need for an admission application by any party include:
The following matters will also be admitted automatically on being notified to the Court, without the necessity for an application:
The following cases may also be admitted to the List by order of the Court by application in the usual manner (i.e. by motion to admit):
Notably the stamp duty payable on a motion seeking admission to the new list will be the amount payable for an ordinary notice of motion and not for a Commercial Court motion, which is a substantial cost saving.
Overall, the creation of the new Commercial Planning and Environmental List represents an important development in the handling of environmental and planning cases in Ireland. It represents an ongoing movement to further improve the efficiency of the Irish Court system, and also recognises the need to create a legal infrastructure for increasing environmental litigation.
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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